DIXIT, J.

1. The appellant Shri Lal was tried by the Sessions Judge of Morena for offences under Ss.114, 380, 457 and 302, I.P.C. At the end of the trial, the learned Sessions Judge found him guilty under S.302 read with S.109, I.P.C. and sentenced him to six years rigorous imprisonment. The accused has now preferred this appeal from Jail against the conviction and sentence. Mr. J.P. Gupta volunteered to appear on behalf of the appellant and we are indebted to him for helping us in the disposal of this appeal.

2. The prosecution story, briefly stated, was that on the evening of 22-12-47 at about 7 p.m. the appellant Shrilal, one Hukum Singh and some other seven or eight persons with a view to abduct one Mst. Patha, came to a garden in Morena known as 'Madho Prashad ka garden' where Mst. Patha and the complainant Shriya were staying. It was alleged by the prosecution that Mst. Patha was living with Shriya as his mistress and that Hukm Singh wanted her to live with him. On seeing Shri Lal, Hukm Singh and his companion and hearing their commotion, Mst.Patha closed the door of her room. Thereupon, it is alleged that Hukm Singh asked Mst.Patha to open the door and come out; and